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PART V SANCTIONS

Modifications etc. (not altering text)

[F1Prescribed period for purposes of section 19(2)

69.—(1) [F2Subject to paragraph (1ZA),] the prescribed period for the purposes of [F3sections 19(2) and 20A(3)] shall be—

(a) 2 weeks, in any case which does not fall within [F4sub-paragraph (b), [F5(ba),] (c)[F6, (d), (e) or (f)]] below;

(b)4 weeks, in any case [F7(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb))] [F8or a case which falls within sub-paragraph (f)] in which

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) [F9or section 20A(2)(a) to (c)], and

(ii)one of the following circumstances applies—

(aa)where the determination in (i) above does not relate to one of the New Deal options [F10or the Intensive Activity Period specified in regulation 75(1)(a)(iv)][F11or the Flexible New Deal], on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) [F9or section 20A(2)(a) to (c)], or

(bb)where the determination in (i) above relates to one of the New Deal options [F12(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the Community Task Force)], on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) [F9or section 20A(2)(a) to (c)] that relate to one of those options, [F13or]

[F14(bba)where the determination in (i) above relates to the Community Task Force, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relates to the Community Task Force; or]

(cc)[F15where the determination in (i) above relates to the Intensive Activity Period specified in regulation 75(1)(a)(iv), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any Intensive Activity Period specified in regulation 75(1)(a)(iv), F16...][F17; or

(dd)where the determination in (i) above relates to the Flexible New Deal, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any element of that programme, and]

(iii)the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in (b)(i) above;

[F18(ba)13 weeks in any case in which—

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising on or after 26th April 2010 in respect of the Community Task Force; and

(ii)on two previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to the Community Task Force; and

(iii)no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (ba)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it falling within sub-paragraph (b)(i) and relating to the Community Task Force;]

(c)26 weeks in any case [F19(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) [F20or the Community Task Force]] in which—

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) [F9or section 20A(2)(a) to (c)] and the determination relates to an act or omission arising after this regulation comes into force in respect of one of the New Deal options; and

(ii)on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) [F9or section 20A(2)(a) to (c)] and each such determination relates to one of the New Deal options; and

(iii)no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (c)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

(aa)a determination falling within sub-paragraph (b)(i) to which the circumstances in sub-paragraph (b)(ii)(bb) apply; or

(bb)itself an earlier determination falling within sub-paragraph (c)(i).

[F21(d)26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which—

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Intensive Activity Period specified in regulation 75(1)(a)(iv); and

(ii)on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to any Intensive Activity Period specified in regulation 75(1)(a)(iv); and

(iii)no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (d)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

(aa)a determination falling within sub-paragraph (b)(i) to which the circumstances in paragraph (b)(ii)(cc) apply; or

(bb)itself an earlier determination falling within sub-paragraph (d)(i).]

[F22(e)[F23subject to paragraph (1A),] 26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which—

(i)a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Flexible New Deal; and

(ii)on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to the Flexible New Deal; and

(iii)no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (e)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

(aa)a determination falling within sub-paragraph (b)(i) to which the circumstances in paragraph (b)(ii)(dd) apply; or

(bb)itself an earlier determination falling within sub-paragraph (e)(i);

(f)one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances—

(i)relating to a Back to Work Session; and

(ii)falling within section 19(5)(a) or 20A(2)(a).]

[F24(1ZA) Where, in a case relating to the Community Task Force falling within a provision made by paragraph (1)(a), (1)(b)(ii)(bba) or (1)(ba), the Secretary of State notifies the claimant in writing that he is no longer required to participate in the Community Task Force with effect from a day specified in the notice which falls within the period referred to in the provision concerned, that provision shall apply as if the prescribed period referred to were a reference to either—

(a)one week, or

(b)the period beginning on the day specified in paragraph (2) and ending on the last day of the first benefit week to end on or after the day specified in the notice as the day on which the claimant is no longer required to participate in the Community Task Force,

whichever is the longer.]

[F25(1A) Where the Secretary of State is satisfied that the claimant has complied with the condition in paragraph (1B), paragraph (1)(e) applies as if the reference to 26 weeks were a reference to either—

(a)4 weeks, or

(b)the period beginning on the day specified in paragraph (2) and ending on the last day of the benefit week in which the claimant complies with the condition,

whichever is the longer.]

[F25(1B) The condition is that, after the date on which the determination mentioned in paragraph (1)(e)(i) is made, the claimant agrees in writing to undertake the activities specified in an action plan prepared in relation to the claimant.]

(2) The prescribed period for the purposes of [F26sections 19(2) and 20A(3)] shall begin—

(a)where, in accordance with regulation 26A(1) of the Claims and Payments Regulations, a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and

(b)in any other case, on the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable.

(3) In a case falling within paragraph [F27(1)(c), (d) or (e)] of this regulation in which—

(a)or the first time a determination is made that for a period of 26 weeks a jobseeker’s allowance is not payable to the claimant; and

(b)no further such determination is made; and

(c)the Secretary of State gives notice in writing to the claimant that he is no longer required to participate in any of the New Deal options [F28or the Intensive Activity Period specified in regulation 75(1)(a)(iv)] [F29or the Flexible New Deal],

(4) The period referred to in paragraph (3) shall—

[F31(a)begin on either—

(i)the day specified in a notice by the Secretary of State as being the day on which the claimant is or was no longer required to participate in—

(aa)any of the New Deal options,

(bb)the Intensive Activity Period specified in regulation 75(1)(a)(iv), or

(cc)the Flexible New Deal, or

(ii)the day four weeks after the first day on which a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3),

whichever is the later;]

(b)end on the last day when a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3); but

(c)not include any period during which a jobseeker’s allowance is again determined not to be payable to the claimant in circumstances falling within section 19(5) or (6) [F32or section 20A(2)].]

Textual Amendments

F6Words in reg. 69(1)(a) substituted (6.4.2009 for specified purposes, 5.10.2009 in so far as not already in force) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(2)(3), 2(3)(a)

F8Words in reg. 69(1)(b) inserted (6.4.2009 for specified purposes, 5.10.2009 in so far as not already in force) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(2)(3), 2(3)(b)(i)

F11Words in reg. 69(1)(b)(ii)(aa) inserted (6.4.2009 for specified purposes, 5.10.2009 in so far as not already in force) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(2)(3), 2(3)(b)(ii)

F16Word in reg. 69(1)(b)(ii)(cc) omitted (6.4.2009 for specified purposes, 5.10.2009 in so far as not already in force) by virtue of The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(2)(3), 2(3)(b)(iii)

F17Reg. 69(1)(b)(ii)(dd) and word inserted (6.4.2009 for specified purposes, 5.10.2009 in so far as not already in force) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(2)(3), 2(3)(b)(iv)

F22Reg. 69(1)(e)-(f) inserted (6.4.2009 for specified purposes, 5.10.2009 in so far as not already in force) by The Social Security (Flexible New Deal) Regulations 2009 (S.I. 2009/480), regs. 1(2)(3), 2(3)(c)